Amendments to the Constitution
In any criminal cases, the individual will be arraigned before the judge. This is when they will be informed about the charges and given the chance to enter a plea. Once this takes place, is the point a preliminary hearing is scheduled. It focuses on the evidence and if there is enough to warrant a trail. If the judge is convinced there is enough evidence, they will schedule a date and time for a jury trial. This is when there will be series of hearings challenging the discovery process, the evidence and any that could have been collected in violation of the Constitution. In these situations, the judge will rule on the evidence and determine which items can be included at trial. During the process, both sides will call witnesses and try to prove their case. (Hess, 2014) (Parpworth, 2012)
At the heart of these issues are due process of law, equal protection and various procedures. These areas are designed to offer specific protections for defendants and as a guide in their prosecution / questioning. To fully understand what is taking place requires examining due process, the cases, the role of equal protection and the different procedural powers. Together, these elements will illustrate the long-term effects they have in safeguarding personal freedom.
What is Due Process?
Due process of law is discussed in the Fifth Amendment. It focuses on the defendant's right to have a fair trial by prohibiting the government from depriving them of their life, liberty and property. Evidence of this can be seen with the Firth Amendment stating, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." This is demonstrating how due process is basic right that is designed to ensure transparency and openness as a part of the judicial process.
What types of cases are ruled under procedural due process, substantive due process, and equal protection?
Procedural due process is focusing on the rights someone has during an arrest, searches, seizures and the scope of the authority of law enforcement. In general, a warrant is necessary during times when the police believe that crime is about to or in the process of being committed. The 4th Amendment prevents unusual searches and seizures. In these situations, the police must present their evidence to a judge showing this. It is at this point, they will provide law enforcement with a written document allowing them to go into the property. This is to prevent the police from raiding anyone's house or place of business based upon uncorroborated reports. Instead, they must demonstrate why they want to go into the location and how is it relevant to their investigation. (Stering, 2004)
At the same time, the motor vehicle exemption allows the police to search motor vehicles without a warrant. This is based upon the case precedent established from a series of decisions. The most notable include: Carroll vs. United States, Pennsylvania vs. Labron and Wyoming vs. Houghton. Carroll vs. United States was the first decision that established the case precedent for the police not needing a warrant to search a motor vehicle. In these situations, they found that it is not practical to obtain a warrant prior to searching the vehicle. This is because someone may be carrying contraband and could destroy evidence as the police are presenting their case to a judge. Moreover, the vehicle is moving into and out of different jurisdictions. Under the Constitution, Congress has the expressed power (via the Executive branch) to determine the difference between a fixed location and something that moves. The result is that the efforts of the police are hampered through having to follow strict search and seizure guidelines. (Stering, 2004)
Pennsylvania vs. Labron is adding to these insights by stating how probable cause exists for anything that is readily mobile. Commenting about this situation the court said, "If a car...
Equal Protection Clause of 14th Amendment The equal protection clause of the Fourteenth Amendment extended to protections of the Bill of Rights to all Americans, including pregnant women. Therefore, it is fundamentally unconstitutional under the equal protection clause of the Fourteenth Amendment to criminalize pregnant women who take illegal drugs for fetal abuse or neglect without applying the same conditions on pregnant women who endanger their unborn child by drinking alcohol,
G., juries that reflect the ethnic makeup of communities, another form of affirmative action). In the Crown Heights riots (1991) in Brooklyn, New York, Lemrick Nelson was on trial for violation of federal civil rights laws (he allegedly killed a Jewish student). The district court judge, Judge Trager, using "nontraditional" methods, attempted to create diversity on the jury by using ethnic criteria (blacks and Jews) in an attempt to reflect
The true spirit and meaning of the amendments, as we said in the Slaughter-House Cases (16 Wall. 36), cannot be understood without keeping in view the history of the times when they were adopted, and the general objects they plainly sought to accomplish. At the time when they were incorporated into the Constitution, it required little knowledge of human nature to anticipate that those who had long been regarded
Anti-Miscegenation Statutes in the U.S. Introduction Anti-miscegenation statutes in the U.S. had been in existence in many states since the early days of their founding. In California, for instance, the law forbidding the marriage of whites with non-white had existed since the middle of the 19th century—and it was not overturned until the state’s Supreme Court heard the case of Perez v. Sharp in 1948. Virginia had a similar anti-miscegenation statute, which
..In determining the meaning of any Act of Congress, or any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word 'marriage' means only a legal union between one man and one woman as husband and wife, and the word 'spouse' refers only to a person of the opposite sex who is a husband or wife." (Smith, 2004; p.5) Smith relates that a
It used to be that only young people wanting to buy alcohol were interested in fake driver's licenses, but now with terrorism and other problems on the rise there are many other reasons that individuals can find to obtain a driver's license in a name other than their own. Because of this, some 'discrimination' can be expected but it must be utilized very carefully so as not to cause
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